Ask Me Help Desk - Can a good father get custody of an unborn child?

Can a good father get custody of an unborn child?

My wife and I have been together for a yr. After she got pregnant she stopped taking her antidepressants. Ever since she has threatened to leave. Left once for a month pulling her kids out of school for a cross country trip. Now she is 4.5 weeks pregnant. And says she is done and refuses to work on us. She has 3 kids prior to our relationship that never had a father. 2 with same sperm donor and one with another jerk that's not even on the birthcertificate. She is going to take those 3 kids away from the only dad they have ever known as well as our unborn son. Would it be possible for me to file for custody and have it granted beforethe child is born? I live in GA with her at this time. But she may move to WAstate any day. She says kids don't need a dad. I disagree I am an awesome dad and have proved it many times over even with children that aren't my own. I do not want my son moved around from man to man and never have a daddy. I need help

You can not get custody of a unborn child, you have to wait till the child is born to file for any custody. You will have to prove in court that she is unfit.

You will not have any rights to the other kids that are not yours

Also before you start talking to anyone at the court, get the term "spem donor" out of your usage, that is a person who gives sperm at a sperm bank

Quote:

Originally Posted by Fr_Chuck

...
You will not have any rights to the other kids that are not yours
...

Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.

Jurisdiction in a divorce case

Determines jurisdiction in a divorce case?

There may have more than one answer. More info will help us.

Quote:

Originally Posted by koolbreeze73

Determines jurisdiction in a divorce case?

This sentence is missing a subject. Should it be, perhaps, "what" or "who"?

Quote:

Originally Posted by koolbreeze73

Determines jurisdiction in a divorce case?

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

Supreme Court of Georgia Bowman v. Bowman, 234 Ga. 348, 216 S.E.2d 103 -While parental rights are still intact, a third party can't get custody.

Quote:

Originally Posted by JudyKayTee

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

So do I but I am not going to investigate it.

Quote:

Originally Posted by JudyKayTee

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

The link comes right back to this same thread. You gave us the runaround. :)

{threads merged} Please don't start multiple threads. If she leaves you can file for divorce in GA before she can establish residency in WA. This will help you file custody for you child. However, it might not help with the other children.

Quote:

Originally Posted by AK lawyer

Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.

She is 6 months pregnant with my son and has cut all communication. All I get from her is threats from ger mom. Neither one of them are mentally stable and have been and are involved in welfare fraud. We are still married, I live in ga and she has moved to wa state and filed for divorce within 3 weeks of getting there... in an effort to keep the child from having my last name and keep me out if the child's life

Quote:

Originally Posted by JudyKayTee

I suspect husband in Georgia, wife in Washington (State).

https://www.askmehelpdesk.com/family...ld-662553.html

If that's the case, and OP/ husband resides in Georgia, the Georgia court would have jurisdiction over a divorce case against his wife. And such jurisdiction should be reserved until the birth of the child, at which time custody of any children of the marriage can be decided.

This is a permutation of the UCCJEA which I haven't seen before. Quite an interesting chicken & egg problem, actually. Because absent a divorce (such as the case where the parents are not married), if the mom gives birth in Washington, custody jurisdiction will be in Washington under UCCJEA.

Counter file in GA immediately (Monday morning). Claim that GA has jurisdiction since she has established residency in WA.

And get an attorney to do this

Quote:

Originally Posted by AK lawyer

This sentence is missing a subject. Should it be, perhaps, "what" or "who"?

yes what or who

Quote:

Originally Posted by koolbreeze73

... she has moved to wa state and filed for divorce within 3 wks of getting there. ....

Ah. Nice plot twist. Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

Quote:

Originally Posted by AK lawyer

Actually, at least some courts have adopted the "psychological father" theory to allow non-bio, non-adoptive parents to sue for custody. Check with an attorney in your jurisdiction to see if this concept might work there.

I am familiar with that concept. I am also thinking of that as well

Quote:

Originally Posted by ScottGem

{threads merged} Please don't start multiple threads. If she leaves you can file for divorce in GA before she can establish residency in WA. This will help you file custody for you child. However, it might not help with the other children.

She has not established residency, but the judge says he will grant her a divorce, but recommends her to do it all in Ga

Quote:

Originally Posted by ScottGem

Counter file in GA immediately (Monday morning). Claim that GA has jurisdiction since she has established residency in WA.

And get an attorney to do this

She actually hasn't established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th

Quote:

Originally Posted by koolbreeze73

She actually hasnt established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th

If I counter file in ga and she has the child in Wa state, where will custody be?

Quote:

Originally Posted by AK lawyer

... Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

Doesn't appear to be a durational residency requirement:

"RCW 26.09.020

Petition — Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership — Contents — Parties — Certificate.
(1) A petition in a proceeding for dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning the validity of a marriage or domestic partnership shall allege:
(a) The last known state of residence of each party, and if a party's last known state of residence is Washington, the last known county of residence;
(b) The date and place of the marriage or, for domestic partnerships, the date of registration, and place of residence when the domestic partnership was registered;
(c) If the parties are separated the date on which the separation occurred;
(d) The names and ages of any child dependent upon either or both spouses or either or both domestic partners and whether the wife or domestic partner is pregnant;
..." RCW 26.09.020: Petition ? Dissolution of marriage or domestic partnership, legal separation, or for a declaration concerning validity of marriage or domestic partnership ? Contents ? Parties ? Certificate.

Quote:

Originally Posted by koolbreeze73

She actually hasnt established residency. She is still covered under Ga medicaid. She is on a lease here and only left on May 27th

I don't see a definition of residence in the Revised Code of Washington. In the absence of a definition, residence defaults to domicile, which in turn means the last place she was physically present with a simultaneous intent to make that state her permanent home.

I think this is probably what Washington law is. I went to law school in that state, and so was trained by Washington lawyers.

Quote:

Originally Posted by AK lawyer

Ah. Nice plot twist. Most (or many) states have a durational residency requirement for divorce filings. I'm not sure if Washington is one of them.

Did her Washington divorce complaint indicate that she is pregnant by you?

Yes. And Washington has a 6 month res. Requirement. But she claims she never gave up her residency in wa state

Quote:

Originally Posted by koolbreeze73

yes. And washington has a 6 month res. Requirement. ...

Ok. As I said, I was unable to find that. Do you have a link?

Please keep us posted. I'd be very interested how the UCCJEA issues get resolved. My guess is that Georgia will defer to Washington concerning custody, once the child is born. I think your Georgia attorney will need to connect with a Washington attorney regarding that case.

Quote:

Originally Posted by AK lawyer

Ok. As I said, I was unable to find that. Do you have a link?

Please keep us posted. I'd be very interested how the UCCJEA issues get resolved. My guess is that Georgia will defer to Washington concerning custody, once the child is born. I think your Georgia attorney will need to connect with a Washington attorney regarding that case.

I was told that by their clerk of court. I had a lawyer file motion to dismiss and it wasn't

Quote:

Originally Posted by koolbreeze73

I was told that by their clerk of court. I had a lawyer file motion to dismiss and it wasnt

I wonder if I can file in Ga? Since they have jurisdiction over us both

This is getting very complex and you will need attorneys to sort it out. If the WA judge advised her to file in GA but didn't dismiss, it may because you hadn't filed. If you file WA may defer to GA.

Quote:

Originally Posted by koolbreeze73

I wonder if i can file in Ga? Since they have jurisdiction over us both

Sure. But, if the court refused to dismiss, it appears that the clerk may have been mistaken about a 6-month residency requirement. So the question would be: what would be accomplished by filing in Georgia?

Also, with respect to your step-children, you probably should review this:

Chapter 26.10 RCW - Nonparental actions for child custody

Quote:

Originally Posted by ScottGem

This is getting very complex and you will need attorneys to sort it out. If the WA judge advised her to file in GA but didn't dismiss, it may because you hadn't filed. If you file WA may defer to GA.

If I file in Ga can I get in any trouble with it already filed up there?

Quote:

Originally Posted by AK lawyer

Sure. But, if the court refused to dismiss, it appears that the clerk may have been mistaken about a 6-month residency requirement. So the question would be: what would be accomplished by filing in Georgia?

The judge said ga will handle custody and child support? I am confused too.

No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.

Quote:

Originally Posted by ScottGem

No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.

It just seems, the more I think about it, that the UCCJEA is clear: if the child is born in Washington, Washington will be the home state, depriving the Georgia court of custody jurisdiction. Keep in mind that no court can make a custody order until after the child is born.

[QUOTE=ScottGem;3204182]No you won't get in trouble by filing in GA And if the WA judge said that GA will handle custody and support, then you have to wait for the child to newborn and immediately file for custody. Unless you want to fight WA jurisdiction.[/QUOTE
Child support is what she wants. But under ga law I can get a deviation for travel etc. And when I put that in the formula, it says she pays me 424$and a month?
The judge told her that getting divorced there won't help her and that it will make it worse on her.

Again, get a lawyer! But it seems the judge wants nothing to do with this, but doesn't know if he has legal grounds to throw it back to GA. So fight it.

Quote:

Originally Posted by AK lawyer

It just seems, the more I think about it, that the UCCJEA is clear: if the child is born in Washington, Washington will be the home state, depriving the Georgia court of custody jurisdiction. .

Correct!

Quote:

Originally Posted by koolbreeze73

But under ga law i can get a deviation for travel ect. And when i put that in the formula, it says she pays me 424$and a month?
The judge told her that getting divorced there wont help her and that it will make it worse on her.

Yes, you can get a deviation but I am sure that you calculated it wrong. All that you may get is long distance parenting plan, which not allow you to travel to Wa four times a month.

Quote:

Originally Posted by GV70

Correct!

Yes, you can get a deviation but I am sure that you calculated it wrong. All that you may get is long distance parenting plan, which not allow you to travel to Wa four times a month.

The deviation was only for 1 trip per month

Quote:

Originally Posted by koolbreeze73

The deviation was only for 1 trip per month

LMAO- you are on SSI, aren't you?
Round trip from Atlanta to Seattle costs $ 450.

Who said that she is under obligation to pay the price for your trips?

Have a look here-you can see what you may expect:
http://www.fultoncountyoh.com/Docume...r/Home/View/86

Quote:

Originally Posted by GV70

LMAO- you are on SSI, aren't you?
Round trip from Atlanta to Seattle costs $ 450.

I work and have a good job, and custody of ny other 3 kids. I also only have one yr left of ot school. Rt on a schedule to seattle is 450you on sale. But not on weekends. Then there us a rental car3 days,2 days hotel, and food. I will not stay at a dump. And minimim hotel is at least 95$1600 a night, rental car 195$ weekend rt airfare 750-850